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Full text of "Medical Jurisprudence And Toxicology"

RAPE

311

modesty of a Hindu or a Mahoaedan woman but ^ a

a teacher took indecent liberties wth a female studen^ i

was guilty of assault, though she did not resist2   *^

strip naked under the pretence that the accused, a medical man, could not

otherwise judge of her illness was held to be an assault.

The ingredients which are essential for proving *
accomplishment of the act with force  resistance and absence

the act.   The act is regarded as rape, if it is accomplished after the woman
had yielded from fear, duress or complete exhaustion.

,<-.         j.     A        j-     a.   +v,o 1 aw of India a. woman of and above the age
Consent-According to the Law or                                   ^ j^^

of sixteen years is capable ^ ^J^SSy and given while she is &.full
but the consent must be free                            blen obtained prior to the

was

-r,         i                          j.i_  o. j-i,^ Ttr^rnan was a "prostitute, lor iiKe any

womaf she^ eSedtke^tSn of the faw and may not be forced.
The consent of  the woman  is  invalid,  if it is

is unable to understand the nature and consequences of the act to which she
gives her consent.4                                                                               ,

t= years,  though *** SSe^tTS Su^S tot

h^we^e^ gS% of absent, if he assists another man to commit rape
on his wife.

is guided by seMtoos 82 and S3 of the Indian Penal Code ^***
purdshment A ease occurred at Poona m July 1923, where a Chamar boy,
a^ed ten vearQ was charged with an offence of rape on a European girl,
 iU y^^-^cStSnent Magistrate found the accused g
aid sentenced him to two years' rigorous imprisonment, ordering fe*
accused be sent to the Dharwar Jliverule JaiL

1.   George  Ewas,
April 10, 190S, Per